Publications
Revision of the Surrogate Rules, Report for Discussion 10
This report aims to amend Alberta’s outdated Surrogate Rules, which govern the procedure for the administration of an estate. A complicated, detailed endeavour, it was completed in partnership with the Surrogate Rules Committee, and focused solely on the procedural statutory provisions involved. Substantive provisions are examined in another project now underway. Some recommendations are: That one court have carriage of all applications dealing with the administration of a given estate so that courtroom efficiency is […]
AREA OF LAW | Wills and Succession |
TAGS | grant, affidavit, surrogate, dependent, deceased, estate, minor, Rule, trustee, will |
FORMAT | Publications |
FILE | rfd10.pdf |
October 2, 1991
Rule Against Perpetuities: Powers of Maintenance and Advancement: Trustee Act ss. 32
AREA OF LAW | Wills and Succession Administration of Justice Procedure |
TAGS | advancement, maintenance, perpetuities, Rule, trustee |
FORMAT | Publications |
FILE | urp-71_2-Power-of-Maint-Advancement_Bowker.pdf |
January 1, 1971
Powers of Personal Representatives to Grant Options, Final Report 2
In common law, a personal representative has no power to grant an option to purchase property comprised in an estate, unless such power is conferred by the terms of a will. We recommend, therefore, that, subject to certain limitations, the Wills Act be amended so as to provide that where any power to sell real property is imposed or conferred upon a personal representative by the terms of a will, such authority should, in the […]
AREA OF LAW | Property |
TAGS | administra, devolution, estate, executor, personal representative, trustee, will |
FORMAT | Publications |
FILE | fr002.pdf |
ENACTMENT |
An Act to amend The Wills Act, 1960, SA 1970, c 114 (now Wills Act, RSA 2000, c W-12, s. 30). An Act to amend The Devolution of Real Property Act, SA 1970, c 114 (now Devolution of Real Property Act, RSA 2000, c D-12, s. 12). |
June 1, 1969